Fair trial Archives

The in absentia granding of the divorce against the applicant who was supposedly of an unknown residence violates the right to a fair trial

Article 6
06/06/2018 10:34

JUDGMENT Schmidt v. Latvia 27.04.2017 (no. 22493/05) see here SUMMARY Access to court. Divorce proceedings. In absentia. Violation of a fair trial. The case concerns the applicant’s complaint about breaches of divorce proceedings. Based on Article 6 § 1 (right to a trial and access to court), she claimed that she had been unaware of […]

Early disciplinary punishment before the criminal justice judgement cancels the presumption of innocence

Article 6
03/05/2018 06:32

JUDGMENT Kemal Coşkun v. Turkey 28-03-2017 (no. 45028/07) see here SUMMARY Presumption of innocence. Early disciplinary decision. The applicant denounced his dismissal by the police and the relative legal proceedings, which he alleged were unfair. During the disciplinary proceedings, the Supreme Disciplinary Board found that the applicant had committed the offenses of rape, assault, and […]

Acceptance of out-of-court civil remedies overturns the balance of fair trial

Article 6
02/05/2018 09:17

JUDGMENT Magomedov and others v. Russia 28-03-2017 (no. 33636/09, 34493/09, 35940/09, 36054/09, 37441/09, 38237/09, 45415/09, 50333/09, 28480/13, and 28506/13) see here SUMMARY Violation of a fair trial. Accepting an out-of-date appeal. The applicants had taken part in the emergency operations in Chernobyl. At different dates, the applicants filed a lawsuit against the national authorities, disputing […]

The principle of impartial tribunal also applies to disciplinary proceedings

Article 6 - Par. 1
30/04/2018 10:42

JUDGMENT Sturua v. Georgia 28-03-2017 (no. 45729/05) see here SUMMARY The applicant was appointed President of the Abasha District Court for a period of 10 years. However, in 2004 disciplinary proceedings were instituted against him and removed him from office following a decision by the Disciplinary Board of Judges. He used the legal remedies to […]

Formal attachment of the courts to the letter of the law affects the core of the fair trial

Article 6
19/04/2018 13:30

JUDGMENT Louli-Georgopoulou v. Greece (no. 22756/09) 16-3-2017 see here SUMMARY Access to court. Civil proceeding . Court formality. The case concerned the allegation of extraordinary formalism on behalf of the Athens Court of Appeal. The court declared inadmissible the applicant’s claim to be a civil claimant because the word “heir” was absent from the Proceedings […]

The exhaustion of domestic remedies is a necessary condition, even in extraordinary situations, in order … open the way to Strasbourg

Fair trial
19/04/2018 08:55

JUDGMENT Çatal V. Turkey 10-3-2017 (no. 2873/17) see here SUMMARY The case concerns the dismissal of a judge by the Supreme Council of Judges, pursuant to a legislative decree adopted during the state of emergency, as one of a number of measures taken after the attempted coup d’État. The Court has rejected Ms Çatal’s application, […]

Failure to enforce a judgment constitutes a violation of the fair trial

Administrative
13/04/2018 06:46

JUDGMENT Vasiliadou v. Greece (no. 32884/09) 06-04-2017 see here SUMMARY Fair trial. Delay in the execution of court decisions. The applicant wanted to buy a property in the Halkidiki region. Despite the refusal of the court of first instance, the Appellate Court held that the applicant fulfilled all the legal criteria for that. However, the […]

The deleted member of an association must be able to bring a case before a court to cancel the deletion.

Article 6
12/04/2018 09:34

JUDGMENT Lovrić v. Kroatia 04-04-2017 (no. 38458/15) see here SUMMARY The deletion by a hunting association, without being able to challenge the decision before a court, violates Article 6 § 1 of the European Convention according to the ECtHR. PROVISION Article 6 par. 1 PRINCIPAL FACTS The applicant, Zvonimir Lovrić, is a Croatian national who […]

The drafting of the reasoning of a court decision by another judge rather than by the judge in the case constitutes a violation of the fair trial

Article 6
11/04/2018 08:13

JUDGMENT Cerovšek and Božičnik v. Slovenia 7-3-2017 (no. 68939/12 and 68949/12) see here SUMMARY The case concerned their allegations of the applicants regarding the fairness of their conviction for theft. Both were found guilty by the same judge, who came retired before drawing up the reasoning of the conviction. This was done by other colleagues who […]

The conviction of an accused without the examination of critical witnesses violates the ECHR and the failure to summon an accused before the Supreme Court constitutes an infringement of the equality of arms of the parties.

Article 6
02/04/2018 11:06

JUDGMENT Palchik v.Ukraine 2-3-2017 (no. 16980/06) see here SUMMARY Equality of arms. Witness examination. The principle of equality of arms is violated by the non-summon by the Supreme Court of Ukraine of the accused and his attorney at the hearing of the appeal. Taking into account unqualified witness evidence as evidence infringes Article 6 § […]

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